-
THEA~TORNEYGENERAL
OF TEXAS
BVILL WILSON
A-RNEY GENERAL
August 5, 1960
Honorable William S. Fly, Chairman
Texas Commission on State and
Local Tax Policy
Drawer C
Capitol Station
Austin 11, Texas Opinion No. W-899
Re: Term of office of
members of the
Commission on State
Dear Senator Fly: and Local Tax Policy.
You have requested an opinion concerning the term
of office of members of the Commission on State and
Local Tax Policy of legislators who are not re-elected
to the Legislature. Your specific questions read as
follows:
"Does membership on the Commission on
State and Local Tax Policy of these legisla-
tors continue until expiration of their terms
of office as members of the 56th Legislature
or did it terminate with their failure to re-
ceive the nomination of their party as members
of the 57th Legislature?
"Is this member an 'ex officio member'
as that term is used In Attorney General's
Opinion No. S-139 so that, regardless of the
ruling on the status of the other members who
failed to receive nomination to the 57th Legis-
lature, this member would continue to serve on
the Commission until the expiration of his term
in the 56th Legislature?"
The Texas Commission on State and Local Tax Policy
was created by the provisions of House Bill 354, Acts
of the 56th Legislature, 1959, chapter 486, page 1063.
Section 1 of this Act provides as follows:
.
Honorable William S. Fly, Page 2 (w-899)
"There is hereby established a Texas
Commission on State and Local Tax Policy.
It shall consist of nine (9) members, of
whom three (3) shall be Members of the
House of Representatives to be chosen by
the Speaker of the House, one (1) of whom
shall be Chairman of the House Revenue and
Taxation Committee; three.(3) shall be
Members of the Senate to be chosen by the
Lieutenant Governor; and three (3) shall be
representatives of the public to be appolnt-
ed by the Governor. All such members shall
be appointed and begin their service as soon
as practicable after this Act becomes effec-
tive. Appointments of such members shall be
for a two-year period, and they may be
reappointed. (Emphasis added)
"Vacancies occurring on the Texas Com-
mission on State and Local Tax Policy, here-
inafter referred to as 'the Commission,' may
be filled as soon as they occur by the re-
spective appointment officer as the vacancy
may indicate.
"As soon as the membership of the Com-
mission is complete, the members shall meet
and by majority vote elect one (1) member
Chairman and one (1) member Vice-Chairman.
A vacancy in the Chairmanship shall be filled
by the Vice-Chairman, and a new Vice-Chairman
elected by the Commission. A majority of the
Commission's membership shall constitute a
quorum for the transaction of official business."
Article 51(29e,Vernon's Civil Statutes, provides:
"The membership of any duly appointed
Senator or Representative on the Legislative
Budget .Board or on the Legislative Council,
or on any other interim Committee, shall, on
the following contingencies, terminate, and
the vacancy created thereby shall be lmmedlate-
ly filled by appointment for the unexpired term
in the same manner as other appointments to the
Legislative Budget Board and the Legislative
Council are made:
n -
Honorable William S. Fly, Page 3 (w-899)
"(a) Resignation of such membership;
"(b) Cessation of membership in the
Legislature for death or any reason;
"(c) Failure of such member to secure
nomination or election to membership in the
Legislature for the next succeeding term.
It is noted that the provisions of Article 5429e
apply on1 to membership on the Legislative Budget
Board; (2f Legislative Council; Interim Committee
of the Legislature. Therefore, Article 5429e has no
application to the membership of the Texas Commission
of State and Local Tax Policy. Furthermore, assuming
arguendo, that Article 5429e had some application to
the Texas Commission on State and Local Tax Policy, the
provisions of House Bill 354, Acts of the 56th Le isla-
ture, Regular Session, 1959, Chapter 486, page 102 3,
would control over the provisions of Article 5429e, since
it Is the latest enactment of the Legislature.
de Jesus de la 0, 227 S.W. 2d 212 (Tex. Crim.,
W ight v. Broeter, 145 Tex. 142, 196 S.W. 2d
TEwnsend v. Terrell, 118 Tex. 463, -6 S.W. 2d
Stevenson v. State, 70 Tex. Grim. 565, 159 S.W. 505 (19131;
Parshall v. State, 138~S.W. 759 (Tex. Grim., 1911); 39
Texas~Jurlsnrudence 147: 59 Corpus Juris 929; Attorney
General's Opinion V-996- (1950).
You are, therefore, advised that the membership of
Legislators on the Texas Commission on State and Local
Tax Policy continues unt i.1the expiration of their term
of office as Legislators or the expiration of a two-year
period from the date of their appointment on the Commis-
slon, whichever date is earlier.
SUM MARY
The term of office of members of the
Texas Commission on State and Local
Tax Policy Is two years from the date
of appointment, provided their term
Honorable William S. Fly, Page 4 (ww-8991
of office as Legislators does not
terminate at an earlier date.
Yours very truly,
WILL WILSON
Attorney General of Texas
John Reeves
JR:& Assistant
APPROVED:
OPINION COMMITTEE
C.K.Richards, Chairman
J. C. Davis
Marietta Payne
Fred Werkenthin
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore